House of Lords Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 1
 
  
BY THE LORD WEATHERILL
THE LORD MARSH
THE EARL OF CARNARVON
THE VISCOUNT TENBY
 
31     Insert the following new Clause-- 

        3
    (".--(1) Section 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House.Exception from section 1.
        4
        5
(2)  At any one time no more than 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit. 

        9
    (3)  Once excepted from section 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary). 



        12
    (4)  A person may be excepted from section 1 by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section. 

        14
        15
    (5)  Any question whether a person is excepted from section 1 shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.") 
  
[Amendments 32 to 49 are amendments to Amendment 31]
BY THE LORD LUCAS
 
32     Line 3, at end insert--
 
    ("(  )  Standing Orders of the House shall provide for people to be excepted from section 1 as a result of elections designed to ensure that such people are representative of the balance of party affiliations within the House, and of the spread of opinion within such party affiliations.")
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
33     Line 3, at end insert--
 
    ("(  )  No person shall be excepted from section 1 in accordance with this section if he has had conferred on him a peerage under the Life Peerage Act 1958 or has agreed to accept such a peerage.")
 
34     Line 3, at end insert--
 
    ("(  )  Any person who is excepted from section 1 in accordance with this section and has conferred on him a peerage under the Life Peerages Act 1958 or has agreed to accept such a peerage shall immediately cease to be so excepted.")
 
35     Line 3, at end insert--
 
    ("(  )  No person shall be excepted from section 1 in accordance with this section unless--
    (a)  he has been selected for exception in an election at which at least one-half of all voting peers voted for him to be excepted from section 1; or
    (b)  he holds or performs for the time being the Office of Earl Marshal or the Lord Great Chamberlain.")
    (  )  In this section "voting peer" means a peer who is (disregarding this section) or, where the Standing Orders are made in pursuance of subsection (4) below, will on the coming into force of section 1 be, disqualified from voting in the House of Lords by virtue of that section.")
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
36     Line 4, leave out ("no more than") 
  
BY THE LORD VIVIAN
 
37     Line 4, leave out ("more than 90") and insert ("less than 170") 
  
BY THE LORD HOWIE OF TROON
 
38     Line 4, leave out ("90") and insert ("105") 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
39     Line 4, leave out ("90") and insert ("120") 
  
BY THE VISCOUNT MOUNTGARRET
 
40     Line 4, leave out ("90") and insert ("250") 
  
BY THE LORD HOWIE OF TROON
 
41     Line 4, after ("people") insert ("(including not less than 42 Conservative peers, not less than 10 Labour peers, not less than 10 Liberal Democrat peers and not less than 28 Cross Bench peers)") 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
42     Line 5, after ("but") insert--
    ("(a)  Standing Orders shall ensure that a due proportion of those elected shall reflect the numbers of hereditary peers who are female and also those who are disabled, and may also make provision for ensuring that those elected represent so far as possible the interests and expertise of the hereditary peers; and
    (b)")
 
  
BY THE EARL OF ONSLOW
 
43*     Line 9, at end insert ("unless, by instrument of disclaimer delivered to the Lord Chancellor, he disclaims the right to sit and vote as a member of the House of Lords.
 
    (3A)  The holder of a peerage who exercises the right of disclaimer conferred by subsection (3) shall retain rights of access to, and use of, the House of Lords and any premises occupied by the House.
 
    (3B)  If the holder of a peerage exercises his right of disclaimer conferred by subsection (3), arrangements shall be put in hand to replace the vacancy created within twenty sitting days.")
 
  
BY THE LORD PESTON
THE LORD BARNETT
THE LORD NASEBY
 
44     Line 9, at end insert--
 
    ("(  ) Any person who is excepted under subsection (1) and who ceases to be excepted on death or for any other reason shall not be replaced.")
 
  
BY THE LORD LUCAS
 
45     Line 9, at end insert--
 
    ("(  ) If at any time fewer than 90 people are excepted from section 1, arrangements shall be put in hand to bring the numbers up to 90 within twenty sitting days.")
 
  
BY THE LORD LUCAS
THE LORD NASEBY
 
46     Line 12, at end insert--
 
    ("(  ) This Act shall not come into force until the Standing Orders of the House required for the operation of this section have been made and approved.")
 
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
47     Line 12, at end insert--
 
    ("(  )  No person shall be excepted from section 1 unless the Standing Orders providing for his exception have been agreed by at least one-half of all those who are (disregarding this section) or, where the Standing Orders are made in pursuance of subsection (4) above, will on the coming into force of section 1 be, disqualified from voting in the House of Lords by virtue of that section.")
 
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
48     Line 14, leave out ("Clerk of the Parliaments, whose certificate") and insert ("Committee for Privileges of the House of Lords, whose decision") 
49     Line 15, at end insert--
 
    ("(  )  If a vacancy arises by reason of the death or disqualification of an elected hereditary peer excepted from section 1 the vacancy shall be filled--
    (a)  for the duration of the Parliament in which this Act is passed, by the unsuccessful candidate who obtained the highest number of votes in the election at which the deceased or disqualified peer was elected; and
    (b)  for any subsequent Parliament, by the holding of a by-election conducted in accordance with provision made by virtue of this section.")
 
  
BY THE LORD GRAY
 
50     Insert the following new Clause-- 
     (". The holder of a peerage in the peerage of Scotland only shall continue to be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.")Peers of Scotland.
51     Insert the following new Clause-- 
     (".--(1) There shall be an electoral college consisting of each holder of a peerage in the peerage of Scotland who has attained the age of 18 years which shall elect sixteen of its members who are peers of Scotland only to sit and vote in the House of Lords.
 
    (2)  Sixteen holders of peerages in the peerage of Scotland only who have attained the age of 21 years and who are elected in accordance with subsection (1) shall be entitled to receive a writ of summons to attend the House of Lords and to sit and vote in that House.")
Peers of Scotland (No. 2).
  
BY THE LORD ROWALLAN
 
52     Insert the following new Clause-- 
     (".--(1) Section 1 does not apply to any person who, on the day on which this Act is passed--
    (a)  is a member of the House of Lords by virtue of a hereditary peerage, and
    (b)  in the Session of Parliament preceding the Session in which this Act is passed, attended that House or a committee of that House for at least one third of the total number of days on which the House sat,
and that person shall remain a member of the House of Lords for their life.
 
    (2)  The Clerk of the Parliaments shall certify--
    (a)  the total number of days on which the House sat,
    (b)  the total number of days required to fulfil subsection (1)(b), and
    (c)  the total number of days of attendance of each member.")
Exception from section 1 (No. 2).
  
BY THE EARL OF MAR AND KELLIE
 
53     Insert the following new Clause-- 
     ("  .--(1)  During the period in which this Act remains in force, the Prime Minister shall ensure that at any one time the number of members of the House of Lords whose primary residence is in Scotland shall be no less than 40.
 
    (2)  If at any time the requirement in subsection (1) is not fulfilled, the Prime Minister shall recommend to Her Majesty that additional persons whose primary residence is in Scotland are recommended to Her Majesty for conferment of life peerages under the Life Peerages Act 1958.")
Representation (Scotland).
  
BY THE LORD TREFGARNE
THE EARL OF NORTHESK
 
54     Insert the following new Clause-- 
     ("  .  A person who receives a writ of summons at a time when he is not a Peer of the Realm shall not be entitled to attend, sit or vote in the House of Lords by virtue of that writ.")Peerages created by writ.
55     Insert the following new Clause-- 
     ("  .  A Lord who is disqualified from attending, sitting or voting in the House of Lords by virtue of section 1 may nevertheless be a member of the Committee for Privileges, subject to and in accordance with the Standing Orders of the House, and any such Lord who is a member of that Committee shall be entitled--
    (a)  to admittance to the Palace of Westminster as if he were not so disqualified, and
    (b)  in the performance of his functions as a member of that Committee to all the rights and privileges of any other member of that Committee who is not so disqualified.")
Committee for Privileges.
  
BY THE LORD STRATHCLYDE
THE LORD MACKAY OF ARDBRECKNISH
THE LORD MACKAY OF DRUMADOON
THE LORD KINGSLAND
 
56     Insert the following new Clause-- 
     ("  .  Nothing in this Act shall exclude a peer who is, on the day before the coming into force of this Act, a member of the House of Lords by virtue of a writ of acceleration from continuing to be a member of the House.")Writ of acceleration.
57     Insert the following new Clause-- 
     ("  .  Nothing in section 1 of this Act shall be taken to prevent sixteen holders of peerages in the peerage of Scotland only from sitting or voting in the House of Lords.")Peers of Scotland (No. 3).
  
BY THE EARL OF KINNOULL
 
58*     Insert the following new Clause-- 
     ("  .--(1)  Section 1 shall not apply in relation to any one excepted from it ("a working hereditary peer") by or in accordance with Standing Orders of the House.
 
    (2)  At any one time no more than 150 working hereditary peers shall be excepted from section 1.
 
    (3)  A working hereditary peer shall be entitled to be a member of the House of Lords by virtue of that peerage that until the day on which he attains the age of 75 years or that on which he certifies his wish to retire by notice given in writing to the Lord Chancellor.
 
    (4)  On the death, retirement or resignation of a working hereditary peer, a new member of the House of Lords shall be appointed from amongst the number of members of the hereditary peerage who had previously been entitled to sit and vote in the House of Lords for a period of at least five years, or who meet such other qualifications as may be set out in Standing Orders.")
Exception from section 1 (No. 3).
59*     Insert the following new Clause-- 
     ("  .--(1)  There shall be an Appointments Committee whose function shall be to make recommendations to Her Majesty for the conferment of life peerages in accordance with the Life Peerages Act 1958, and for appointment of working hereditary peers to the House of Lords.
 
    (2)  The chairman of the Committee shall be a retired of Lord of Appeal in Ordinary.
 
    (3)  The members of the Committee shall include the Leader of the House of Lords, the Leader of the Opposition in the House of Lords, the leader of the next largest party in the House of Lords, the Convenor of the Cross Bench peers in the House of Lords, the Chairman of Committees in the House of Lords, and five other external members appointed by the Privy Council.
 
    (4)  In considering its recommendations under subsection (1) the committee shall take account of a person's availability and willingness to serve actively as a member of the House of Lords.")
Independent appointments committee.
  
BY THE LORD COLERAINE
 
60*     Insert the following new Clause-- 
     ("  .  Any person who was the holder of an hereditary peerage and who was entitled to a writ of summons to attend that House on the day before section 1 of this Act came into force shall be entitled by virtue of this Act to be a member of that House but shall not be entitled to vote in a division in that House or in a Committee of the whole House on any question arising in the consideration of public legislation.")Retention of speaking rights.
  
BY THE LORD PEARSON OF RANNOCH
 
61*     Insert the following new Clause-- 
     ("  .--(1)  From the day on which this Act comes into force, the members of the House of Lords shall be--
    (a)  the Lords Spiritual;
    (b)  any holder of a peerage under the Appellate Jurisdiction Act 1876;
    (c)  600 peers who are elected in accordance with subsections (2) and (3); and
    (d)  any person who became a member of the House of Lords in any of the four Sessions preceding the Session in which this Act is passed.
    (2)  The 600 members of the House under subsection (1)(a) shall be comprised of--
    (a)  200 Cross-Bench peers elected by Cross-Bench peers;
    (b)  170 Labour peers elected by Labour peers;
    (c)  170 Conservative peers elected by Conservative peers; and
    (d)  60 Liberal Democrat peers elected by Liberal Democrat peers.
    (3)  The electors for the purposes of subsection (1)(c) and (2) shall be members of the House of Lords at the date on which the election is held who--
    (a)  have attended at least 6 sitting days in each of the 2 Sessions preceding the Session in which this Act is passed, or
    (b)  if they have become a member of the House in either of the 2 Sessions preceding the Session in which this Act is passed, have attended at least one third of sitting days since the day on which they were introduced.
    (4)  The Clerk of the Parliaments shall certify--
    (a)  the number of days of attandance of each member, and
    (b)  the total number of days on which the House sat,
referred to in subsection (3).
 
    (5)  Standing Orders of the House of Lords shall make provision relating to the holding and conduct of elections under this section, and that such elections shall be held at intervals of no more than 7 years.
 
    (6)  Subject to subsection (8), the Lord Chancellor may by order made by statutory instrument, at intervals of no more than 7 years after the passing of this section, amend any number specified in subsection (2), but only to give effect to a resolution of the House of Lords.
 
    (7)  An order under subsection (6) shall be laid in draft before, and shall be subject to the affirmative resolution of, each House of Parliament.
 
    (8)  The two largest political parties shall be entitled to equal representation in the House of Lords.
 
    (9)  Any question whether a person is elected under this section shall be decided by the Clerk of the Parliaments.")
Membership of House of Lords (No. 2).
 
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Prepared 19 April 1999